Copyright Conundrum: Anatomy Of A Circuit Split

Law360, New York (January 9, 2018, 7:31 PM EST) -- With a request for input from the solicitor general, the U.S. Supreme Court hinted this week that it’s taking a closer look at a question that has deeply split the circuits: When is a copyright really “registered”?

The Copyright Act is pretty clear that a work must be “registered” before the owner files an infringement case, but over the decades, the federal circuits have slowly split into warring camps on what exactly Congress meant by that.

Some have said the requirement is met when the owner simply files their paperwork, meaning they can head to court as soon as they’ve paid...

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